West Elk Ranch, L.L.C. v. United States

I. Introduction

In this case, West Elk Ranch (“West Elk” or “the Ranch”) and its predecessors-in-in*480terest sought a conditional water right to a spring located on adjacent National Forest land. The Forest Service denied a Special Use Permit (“SUP”) that would have allowed West Elk to capture the water on Forest land and divert it onto West Elk’s property. Accordingly, the water court granted summary judgment for the United States, denying the conditional water right because West Elk could not then meet the “can and will” requirement established for the issuance of conditional water rights. See…